A. USE OF THE WEBSITE
10. Intellectual Property
11. Limitation of Liability
14. Law and Jurisdiction
A. USE OF THE WEBSITE
By using the Website, you "The Customer" agrees to be bound by these Terms.
The Gadget Man LTD reserves the right to:You agree to fully indemnify, defend and hold The Gadget Man LTD,and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by You, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
3. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
B. PURCHASE OF PRODUCTS
All orders are subject to acceptance by The Gadget Man LTD and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means) and you will have the option either to wait until the item is available from stock or to cancel your order. If orders are cancelled after dispatch, we reserve the right to charge a re-stocking fee.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the goods to you or commence the services, whichever is the earlier.
We will take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
Some goods may be licensed to the Customer and you hereby agree in respect of licensed goods:
To comply with all licence terms of the owner and/or The Gadget Man LTD that are notified to you from time to time; and
Not to do any act or fail to do any act that has the possible effect of compromising the owners rights in licensed goods; and
Not to sub-license or transfer to any third party any licence granted to you.
6. Ordering Goods and Cancellations
6.1 All orders placed through our website or by phone will be subject to our acceptance of the order. We reserve the right to decline any order for any reason.
6.2 When you submit an order to us on our website, you will receive an email to confirm that we are have received your order. You should check this email for accuracy and let us know immediately if there are any errors. This email does not constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we dispatch the goods to you. Title to the goods will pass to you on delivery.
6.3 Where you have redeemed a promotional code or any other offer ("a Code") against your order, acceptance of this order is subject to our verifying that the Code has been issued to you personally, that you comply with all the terms of the offer and qualify for the Code. In the event that the Code has not been issued to you for your personal use or you do not qualify for the offer, the price of the order will be adjusted notwithstanding any email or other confirmation that you receive.
6.4 You have the right to cancel an order within 7 days after the day the goods were delivered unless we have previously stipulated to you via email that we are buying the goods in exclusively for you and that you have acknowledged by email that you accept your order is non cancellable.
6.5 If you wish to cancel your order you must notify The Gadget Man LTD via email (email@example.com) within the stated 7 day period., Cancellations after 7 days will not be accepted. Upon notifying The Gadget Man LTD of your cancellation we will issue you with a unique Returns number. You must return the goods to The Gadget Man LTD in the same condition and completeness as The Gadget Man LTD delivered them to you. Please note this includes: packaging, manuals, cables, software and any other material that was part of the item purchased. If you do not return the goods in the same condition and completeness, The Gadget Man LTD at its sole discretion can either reject the cancellation or levy a charge against you to make good any damage or missing items. Please note that software of any description is subject to separate terms and conditions and if you open, use or register the software that comes with your goods and then cancel your order you will be liable a for a charge up to 25% of the cost of the goods.
6.6 The goods remain your property and responsibility until such time as The Gadget Man LTD signs acceptance of the return delivery of the goods, we strongly advise you to use a secure signed for service, for example An Post Registered Post. The cost of returning the goods is your responsibility. Should you wish to return any goods, please go to the Returns section for further information.
Where You have purchased the goods or services as a consumer (i.e. for private use as opposed to business use) please note that You are entitled to cancel any order placed within 7 days of receipt of the placement of such order.
Once received by the Customer You have a period of 24 hours in which to confirm that the goods and/or services are in accordance with their published specification. If you have not notified us in writing to (firstname.lastname@example.org) within this 24 hour period that the goods and or services are not in accordance with their specification they will be deemed to have been accepted by You. All returns must be made within 7 days of receipt.
For any goods and/or services which are stated in their specification to have a warranty period you may notify The Gadget Man LTD in writing of any request for warranty service in accordance with the instructions detailed below.
If You do cancel an order pursuant to this clause 10, or reject goods and/or services or require warranty service then:
You must notify The Gadget Man LTD in writing detailing Your request by sending an e-mail (email@example.com)
In all such events we will notify you either in writing or by email with Our instructions. Until you have complied with our instructions you must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were when they were delivered to you.
We will notify you of the means by which the goods and/or services are to be returned to The Gadget Man LTD or the manufacturer thereof. You will be responsible for the cost of returning the goods or services, and The Gadget Man LTD may deduct this from any sum owed to you.
Refunds where appropriate will be provided within 30 days.
If any returned goods are found not to be faulty, we reserve the right to charge a restocking fee, at our discretion, or to return the goods to you and refuse a refund. If items are returned unused, we reserve the right to charge a re-stocking fee to cover our order processing, delivery and administration costs.
If orders are cancelled prior to or after despatch, we reserve the right to charge a re-stocking fee to cover our order processing and administration costs.
6.7 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 days from the day after you receive your goods.
6.8 As stated above, notification of cancellation must be in writing, a telephone call is not a valid means of cancellation.
6.9 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
6.10 Goods that are sealed or shrink-wrapped and this is removed can only be returned if the goods are defective as diagnosed by the manufacturer or a manufacturers appointed agent or repair centre.
7. Price and Payment
All prices listed on the website include VAT and any other local taxes that may apply unless stated otherwise.
Payment can be made by any major Credit Card or Laser debit card,Postal Order, Bank Transfer, Bank Draft or Cheque. Payment will be debited and cleared from your account before the despatch of your goods or provision of the service to you.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
8. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under Irish law you must:
Be an individual or business, be 18 years of age or over; and
Register your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
9. Security Check
In an effort to reduce fraud on our website, all orders placed on the The Gadget Man LTD website are screened for security purposes. For us to proceed with your order you may be required to send us additional information and, or documentation.
When this is required, The Gadget Man LTD will contact you either by phone, or by email, outlining what needs to be sent. This can be sent to us either by post or email, with either jpeg, pdf or gif attachments.
These measures are intended for our customer's protection, due to the large amount of credit card fraud on the internet, and to allow us to quickly reimburse anyone who has been a victim of a fraudulent transaction.
This security process may cause a delay in delivery schedules. The Gadget Man LTD reserves the right not to process any order at its discretion. We will not be held responsible for delays in delivey due to non-compliance by you with any such requests.
10. Intellectual Property
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
11. Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
will affect or limit your rights as a consumer under Irish law; or
Will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
Incompatibility of the Website with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the Website
unsuitability, unreliability or inaccuracy of the Website
inadequacy of the Website to meet your requirements
To the full extent allowed by applicable law, you agree that The Gadget Man LTD will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
14. Law and Jurisdiction
The Website is controlled and operated in the Republic of Ireland. The Terms will be governed by the laws of Ireland and you irrevocably agree to submit to the exclusive jurisdiction of the Irish courts.
15.1 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
15.2 All items are subject to stock availability. We aim to arrange shipment of all ‘in stock’ items within 24 hours of receiving your order, but delivery can take up to 5 days depending on stock availibility and security checks have been confirmed on your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. If a product is out of stock, you may place a Pre-order for the item or leave your email address which allows us to send an email when the item comes back into stock.
15.3 When we deliver your items to you will be asked to sign for the goods to acknowledge that you have received them. We will only deliver to the address specified on the original order. We are unable to change the delivery address after the order has been despatched.
15.4 If your goods fail to arrive within 14 days of dispatch, you will have the option of either a full refund or a replacement product as soon as we have completed our investigation as to the cause of the delay with the delivery agent.
15.5 Where an incorrect address has been given to The Gadget Man LTD with the order we reserve the right to charge for any extra carriage costs incurred.
Further information on Delivery available click here